Getting ready to fly and want to know whether your CBD (or THC; we’re not judging) products can accompany you? Here’s the first thing you need to do: Stop surfing.
Seriously, just stop. The Internet is a great resource, but a lot of the information you’ll find there is outdated, inaccurate and, well, downright biased. And with regulations changing, you want need to stay in the know before you head for the airport, not while you’re waiting in line at the TSA checkpoint.
Officials are cautioning travelers to stay away from pro-cannabis sites or forums when seeking information. In other words, sites with names that include “hemp” or “420” are likely not your most reliable resource. And yes, if you look on forums like that, you’ll surely see posts from someone saying they traveled with a joint and did just fine. But then, there are also people like WNBA star Brittney Griner, who was caught with vape cartridges in her luggage in (gulp) Russia – and we all know how that went.
It's no secret that the rules are changing, either; even the NCAA is considering taking marijuana off the list of banned substances. But NCAA's rules (if they do change) won't apply to travel, even if it's an NCAA athlete traveling to a sanctioned tournament.
In April, the travel blog, The Points Guy, did a great job of summarizing some of the regulations that might not be so obvious, including the fact that, for example, CBD oil derived from hemp has been legal since 2018, but oil remains prohibited by the TSA. It’s a great read and does a good job of explaining various points. And if you want to know about demographics (which could pertain to who is more likely to purchase or try to travel with hemp, studies have shown Gen Z and Millennials are the leading consumers of cannabis (as well as other substances).
In the meantime, here are the questions travelers are asking:
Can Medical Marijuana be Stored in Carry-on or Checked Baggage?
For the final word, we go to TSA, from whose site the following information is derived:
Carry On Bags: Yes (Special Instructions)
Checked Bags: Yes (Special Instructions)
Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of the law to local, state or federal authorities.
TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.
The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.
Note: Vape devices are held to a different standard:
Carry On Bags: Yes (Special Instructions)
Checked Bags: No
Electronic smoking devices are allowed only in carry-on baggage.
Passengers are required to take effective measures for preventing accidental activation of the heating element of the device when transporting the devices. See the FAA regulations for examples of effective measures.
Each lithium ion battery must not exceed a Watt-hour (Wh) rating of 100 Wh; or for lithium metal batteries, a lithium content of 2 grams.
Check with your airline on any limitations on the number of devices that can be carried for personal use by a passenger.
The final decision rests with the TSA officer on whether an item is allowed through the checkpoint.
Note that vaping is a very gray area; Griner was taken into custody because of vape paraphernalia, and while the majority of travelers are not going through Russia, it is essential to be aware of the regulations. The DEA notes, “Marijuana concentrates are increasingly being used in vaping devices. Many users prefer the vaping device because it is smokeless, sometimes odorless, and is easy to hide or conceal.”
What About States Where Recreational Marijuana is Legal?
Flying with substances remains problematic. While some states, (Oregon is one example, although there are others), are more lenient, TSA’s rules do not vary. Officers do not care whether you’re flying between two states with laws that allow for recreational use of marijuana, or whether you’re flying between two that don’t – or anything in between.
In fact, TSA officers are required to report any suspected violations of the law to local, state or federal authorities – and it doesn’t matter where you’re going. TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer. And TSA agents will not be able to immediately tell if a CBD product contains less than 0.3 percent THC. No onsite testing is done.
What About if I Bring Literature Regarding the Substance I am Carrying?
Some CBD companies suggest travelers bring a printed version of the ingredient list and independently tested analysis results, to prove that any product contains less than 0.3 percent THC. Additionally, those planning to fly can specific airline a call to find out their rules around flying with CBD oil, CBD cream, CBD gummies, or any other form of CBD.
However, the ultimate authority is going to be TSA. And being stopped there could add up to a delay, a missed flight or more extensive problems. As The Points Guy notes, “Though it is unlikely you'll be cited, detained or prosecuted for carrying a pot brownie or baggie of gummies onto your flight in most states, the simplest and safest option is to not travel with any marijuana and pick up a new supply upon arrival at your destination.”
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